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Item L2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2014 Division: County Administrator Bulk Item: Yes No x Department: _County Administrator Staff Contact/Phone#: Roman Gastesi/292-4441— AGENDA ITEM WORDING: Discussion of the Affordable Housing Advisory Committee (AHAC) and the method of the appointments to the committee. ITEM BACKGROUND: There may be a need to revitalize this committee due to the change in the economy . PREVIOUS RELEVANT BOCC ACTION: 05/21/08: Ordinance No. 014-2008 establishing the AHAC 06/18/08: Resolution No. 158-2008 Appointments to the committee based on method for appointment 02/18/09: Resolution No. 062-2009 Changing method of appointments CONTRACUAGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Attorne/_' "OMB/Purchasing_ Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 Fla. Stat. § 420.9076 Statutes and Constitution are updated through the 2013 Regular Session LexisNexis® Florida Annotated Statutes > Title XXX. Social Welfare (Chs. 409-430) > Chapter 420. Housing > Part VIL State Housing Initiatives Partnership. § 420.9076. Adoption of affordable housing incentive strategies; committees. (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16. (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee to prepare a joint plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the resolution appointing the advisory committee members must provide for 11 committee members and their terms. The committee must include: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for-profit provider of affordable housing. (f) One citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. (j) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. If a county or eligible municipality whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program may Page 2 of 6 Fla. Stat. § 420.9076 elect to appoint an affordable housing advisory committee with fewer than II representatives if they are unable to find representatives who meet the criteria of paragraphs (a)-(k). (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. (4) Triennially, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies.At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits, as defined in s. 163.3164, for affordable housing projects is expedited to a greater degree than other projects. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform the initial review but may elect to not perform the triennial review. Page 3 of 6 Fla. Stat. § 420.9076 (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(M). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after receipt of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9072. (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies Page 4 of 6 Fla. Stat. § 420.9076 in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. History S. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69, eff. July 1, 2006; s. 19, ch. 2007-198, eff. July 1, 2007; s. 117, ch. 2008-4, eff. July 1, 2008; s. 30, ch. 2009-96, eff. June 1, 2009; s. 16, ch. 2011-15, eff. Apr. 27, 2011; s. 67, ch. 2011-139, eff. June 2, 2011. Annotations Notes Editor's notes. Section 1, ch. 2009-96 provides: "This act may be cited as the `Community Renewal Act'." Section 34, ch. 2009-96 provides: "The Legislature finds that this act fulfills an important state interest." Section 1, ch. 2009-96, as amended by s. 1, ch. 2011-14, "This act may be cited as the `Community Renewal Act.' " Section 20, ch. 2011-15 provides: "This act shall take effect upon becoming a law, and those portions of this act which were amended, created, or repealed by chapter 2009-96, Laws of Florida, shall operate retroactively to June 1, 2009. If such retroactive application is held by a court of last resort to be unconstitutional, this act shall apply prospectively from the date that this act becomes a law." Section 78, ch. 2011-139 provides: "If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable." Amendments. The 2006 amendment by s. 24, ch. 2006-69, effective July 1, 2006, substituted "specified in paragraphs (4)(a)-O)" for "as defined in s. 420.9071(16)" in (6). Page 5 of 6 Fla. Stat. § 420.9076 The 2007 amendment by s. 19, ch. 2007-198, effective July 1, 2007, in (2), substituted "II committee members" for "nine committee members," added (2)0) and (k), and added the last sentence in the undesignated paragraph at the end of the subsection; in (4), added "Triennially" at the beginning of the first sentence, "including recommendations to amend the local government comprehensive plan and corresponding regulation, ordinances, and other policies" at the end of the second sentence, and rewrote the third sentence; in (4)(c), substituted "flexibility in densities" for "increased density levels"; in (4)(d), added "and moderate-income persons"; in (4)(g), inserted "flexible lot configurations, including"; added (4)(k); in the undesignated paragraph at the end of (4), substituted "may" for "must" and added the last sentence; in (5), inserted "and its review of the local government implementation of previously recommended strategies"; in (6), substituted "required under s. 420.907](161" for "specified in paragraphs (4)(a)-O)," and added the last sentence; and added (8) and (9). The 2008 amendment by s. 117, ch. 2008-4, effective July 1, 2008, in the closing paragraph in (2), substituted "who' for "that" to improve clarity. The 2009 amendment added the second sentence of (2)(h); added "its evaluation and" in the second sentence of (5); added "evaluation and" in the third and fourth sentences of (5) and the first sentence of (6); added the last sentence of (5); and deleted "pursuant to s. 420.9078" at the end of the last sentence of (7)(a). The 2011 amendment by s. 16, ch. 2011-15, reenacted (2)(h), (5), (6), and (7)(a) without change. The 2011 amendment by s. 67, ch. 2011-139, ubstituted "s. 163.3164" for "s. 163.3164(7) and (8)" in (4)(a). Research References & Practice Aids LexisNexis ® Notes Florida Statutes references. Chapter 420. Housing, F.S. § 420.9071. Definitions. Chapter 420. Housing, F.S. § 420.9072. State Housing Initiatives Partnership Program. Florida Administrative Code references. Chapter 9J-11 Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments, F.A.C. 9J-11.006 Submittal Requirements for Proposed Local Government Comprehensive Plan Amendments. Chapter 67-37 State Housing Initiatives Partnership Program, F.A.C. 67-37.010 Local Affordable Housing Advisory Committees and Incentive Strategies. Treatises 1. Florida Real Estate Transactions, Part VI. Land Use and Environmental Regulation, Chapter 37. Land Use Control, § 37.02 Local Government Comprehensive Planning and Land Development Act. 2. Florida Real Estate Transactions, Part VI. Land Use and Environmental Regulation, Chapter Page 6 of 6 Fla. Stat. § 420.9076 37. Land Use Control, § 37.120 Challenging Local Government Comprehensive Plan. LexisNexis© Florida Annotated Statutes Copyright © 2014 Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. RESOLUTION NO. 158 -2008 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPOINTING ELEVEN (11) MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE PURSUANT TO F.S. SECTION 420.9076 AND F.A.C. CHAPTER 67-37.010 WHEREAS, Monroe County participates in the State Housing Initiatives Partnership Program (SHIP) and is a recipient of funding for its affordable housing progranns and activities; and WHEREAS, Monroe County, as a participant in SHIP, has developed and implements a local housing assistance plan (LHAP) created to increase the availability of affordable housing to very low, low and moderate income persons, essential services personnel, and those with special needs; and WHEREAS, recent rule changes In FAC 67-37.010, effective February 2008, mandate that all SHIP program participants comply with Florida Statute Section 420.9076(2) requiring the establishment of an affordable housing advisory committee; and WHEREAS, F.A.C. Rule 67-37.010 states that the Motuw County LHAP be amended to include "local affordable housing incentive strategy recommendations" approved by the membership of the advisory committee; and WHEREAS, Florida Statutes require the Board of County Commissioners to approve an amended Local Housing Assistance Plan and transmit it to the Florida Housing Finance Committee(FHFC); and WHEREAS, in June 2005, the Board of County Commissioners (BOCC) empanelled a Workforce Housing Taskforce to make recommendations to address critical housing affordability issues facing the Florida Keys; and WHEREAS, in May 2008, the Board of County Commissioners (BOCC) approved an ordinance establishing the Affordable Housing Advisory Committee in place of the Workforce Housing Taskforce; and WHEREAS, the ordinance creating the Affordable Housing Committee specifies that membership shall be: 1. One citizen who is actively engaged in the residential homebuilding industry in connection with affordable housing. 2. One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing, 3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing, 4. Once citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. 5. One citizen who is actively engaged as a for-profit provider of affordable housing. 6. One citizen who is actively engaged as a not-for-profit provider of affordable housing. 7. One citizen who is actively engaged as a real estate professional in connection with affordable housing. 8. One citizen who actively serves on the local planning agency pursuant to s. 163.3174. 9. One citizen who resides within the jurisdiction of the local governing body making the appointments, 10. One citizen who represents employers within the jurisdiction. 1.1. Oiae citizen who represents essential services personnel, as defined in the local housing assistance plan. WHEREAS, five members of the former Workforce Housing Task Force were appointed by each member of the Board, and the other members were nominated by the Task Force and approved by the Board; and WHEREAS, the eleven members required to comprise the Advisory Committee correspond to the requirements for the eleven members of the former Task Force; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1. The Board appoints the following members of the Affordable Housing Advisory Committee: Name Fulfills required Appointment Term category area 6e_g_ln s­ Expires-- (asperFS420.9076) 1. Resides within DISTRICT I June 1,2008 May 31,2011 John Dolan-1-1citlinger jurisdiction. APPOINTMFNT 2. Rick Case Affordable housing DISTRICT 2 June 1,2008 May 31, 2011 y not-for profit developer APPOINTMENT 3. Ed Swift AlTurdable housing DISTRICT 3 June 1,2008 May 31,2011 for-profit developer APPOINTMENT 4. Lynn Mapes Represents employers DISTRICT June 1,2008 May 31, 2011 within jurisdiction APPOINTMENT 5. Jim Saunders Represents the June 1,2008 May 31,2011 residential home DISTRICT building industry APPOINTMENT 6. Bette Brown Represents the banking June 1,2008 May 31,2010 or mortgage banking UPPER KEYS industry ................................ --------------- ------------------ 7, Bill Loewy Affordable housing M I DDLF,K L"Y S June 1, 2008 May 31,2010 advocate for low- ............................... income arsons .......................................................... 8. Donna Windle Represents the local LOWER KEYS June 1, 2008 May 31, 2010 planning agency 9, Dave Boerner Represents areas of ISLAMORADA June 1, 2008 May 31,2009 labor engaged in home-building 10. David Rice Represents essential MARATHON June 1, 2008 May 31,2009 services personnel as defined by the LHAP ....................... Real Estate -——----------- ----—--------- 11. TimKoc­nig Professional KEY WEST June 1,2008 May 31,2009 ...........—-----......... .........— Section 2. Members of this Committee who are District Appointments shall be nominated by their respective County Commissioners and approved by the Board. Initial terms shall be as specified above and thereafter shall be for three years. Future non-district members shall be nominated by the Committee membership and approved by the Board. If vacancies occur in any position, appointments shall be made to fill out the term of the vacancy, The Committee and the Board shall use its best efforts to fill ne-n-district appointments by required qualification and geographic diversity,but required qualification is controlling. The advisory committee shall meet at least quarterly. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 1.8th day of_ June ..1 2008. Mayor Mario DiGennaro Yes Mayor Pro Tem Charles "Sonny" McCoy Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner Dixie Spehar Yes r,_j BOARD OF COUNTY COMMISSIONERS rn OF MONROE COUNTY, F ORIDA BY: Mayor Mario DiGennaro C:> (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MdNNOC COUNTY ATTORNEY Deputy Clerk APPIPIMIED AS_1P FORM: SIUSti AN M. WlNlSLEY___T_ AS TANT COUNTY ATTORNEY Date W==%d 0�v RESOLUTION NO. 062 -2009 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING A PROCESS FOR THE APPOINTMENT OF THE ELEVEN (11) MEMBERS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE PURSUANT TO F.S. SECTION 420.9076 AND F.A.C. CHAPTER 67-37.010 WHEREAS, Monroe County participates in the State Housing Initiatives Partnership Program (SHIP) and is a recipient of handing for its affordable housing programs and activities; and WHEREAS, Monroe County, as a participant in SHIP, has developed and implements a local housing assistance plan (LHAP) created to increase the availability of affordable housing to very low, low and moderate income persons, essential services personnel, and those with special needs; and WHEREAS, recent rule changes in FAC 67-37.010, effective February 2008, mandate that all SHIP program participants comply with Florida Statute Section 420.9076(2) requiring the establishment of an affordable housing advisory committee; and WHEREAS, in June 2005, the Board of County Commissioners (BOCC) empanelled a Workforce Housing Taskforce to make recommendations to address critical housing affordability issues facing the Florida Keys; and WHEREAS, in May 2008, the Board of County Commissioners (BOCC) approved Ordinance No. 014-2008 establishing the Affordable Housing Advisory Committee (Committee) in place of the Workforce Housing Taskforce; and WHEREAS, the ordinance creating the Affordable Housing Committee specifies that membership shall be according to the requirements of the Florida Statute 420.9076 as follows: 1. One citizen who is actively engaged in the residential homebuilding industry in connection with affordable housing. 2. One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. 3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. 4. Once citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. 5. One citizen who is a actively engaged as a for-profit provider of affordable housing. 6. Once citizen who is actively engaged as a not-for profit provider of affordable housing. 7. One citizen who is actively engaged as a real estate professional in connection with affordable housing. 8. One citizen who actively serves on the local planning agency pursuant to s. 163.3174. 9. One citizen who resides within the jurisdiction of the local governing body making the appointments. 10. One citizen who represents employers within the jurisdiction. 11. One citizen who represents essential services personnel, as defined in the local housing assistance plan; and WHEREAS, Resolution No. 158-2008 made appointments to the Committee based on the method for appointments for the former Workforce Housing Task Force; and WHEREAS,the BOCC desires to change the method of appointment for the Committee membership; NOW,THEREFORE,BE IT RESOLVED by the Monroe County Board of County Commissioners: Section 1. Each commissioner shall appoint two members who may or may not live in the respective districts and who shall be approved by the Board of County Commissioners as follows: District 1 1. One citizen who is actively engaged in the residential homebuilding industry in connection with affordable housing. 2. One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. District 2 3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. 4. Once citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. District 3 5. One citizen who is actively engaged as a for-profit provider of affordable housing. 6. One citizen who is actively engaged as a not-for profit provider of affordable housing. District 4 7. One citizen who is actively engaged as a real estate professional in connection with affordable housing. 8. One citizen who resides within the jurisdiction of the local governing body making the appointments. District 5 9. One citizen who represents employers within the jurisdiction. 10. One citizen who represents essential services personnel, as defined in the local housing assistance plan. Section 2. The Mayor shall appoint the member of the Local Planning Agency (Planning Commission) to the committee which appointment shall be approved by the BOCC. Section 3. The terms of office shall coincide with the term of the appointing commissioner. The members of the committee serve at the pleasure of the board. Section 4. The advisory committee shall meet once a year unless called more frequently by the board of county commissioners. In years when the Local Housing Assistance Plan Incentive Strategies report is due, the Director of the Growth Management Division or the County Administrator may call the meetings as required. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18th day of February , 2009. Mayor George Neugent Yes Mayor pro tem Sylvia Murphy Yes Commissioner Kim Wigington Yes — Commissioner Heather Carruthers Yes Commissioner Mario Di Germaro Yes BOARD OF COUNTY COMMISSIONERS OF MONVE COUNTY, FLORIDA BY Mayor George Neugent (SEAL) ATTEST 7: D L. KOLHAGE, CLERK Deputy Clerk" MONROE COUNTY AT ikEY APPROV 0 C3 UJ it Uj CD Z3 X C:) OC L.Lj Uip A LLJ ICJ -j iz A C:k APPOINTMENTS Fulfills New required Resolution category Commissioner Appointment as per FS 420.9076) 1 Represents the residential District I-Kim Wigington home building industry 2. Represents the banking or District I-Kim Wigington mortgage banking industry 3. Affordable housing advocate District 2—George Neugent for low-income persons 4. Represents areas of labor District 2—George Neugent engaged in home-building 1 5. Affordable housing not-for District 3—Heather Carruthers profit developer 6. Affordable housing for-profit District 3—Headier Carruthers developer 7. Resides within jurisdiction District 4—Mario Di Germaro 8. Real Estate Professional District 4—Mario Di Gennaro 9. Represents essential services District 5—Sylvia Murphy personnel as defined by the Local Housing Assistance Plan 10. Represents employers within District 5—Sylvia Murphy jurisdiction 11. Represents the local planning Mayor agency ORDINANCE NO. 014 -2008 AN ORDINANCE ESTABLISHING A LOCAL AFFORDABLE HOUSING ADVISORY COMMITTEE AS REQUIRED BY F.S. SECTION 420.9076 AND F.A.C. CHAPTER 67-37.010 REPLACING THE WORKFORCE HOUSING TASKFORCE ; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE WHEREAS, the Florida legislature fulds that affordable housing is most effectively provided by combining public and private resources, and the legislature intends that local governments achieve this combination of resources by encouraging active partnerships between government, lenders, builders and developers, real estate Professionals, advocates for low-income persons and community groups to produce affordable housing;and WHEREAS, the legislature intends that this partnership concept be extended among counties and municipalities; and WHEREAS, the Florida legislature intends that local governments achieve this combination of resources through the establishment of an affordable housing advisory committee to recommend monetary and non. monetary incentives for affordable housing as provided by Florida Statute 420.9076;and WHEREAS,Monroe County Participates in the State Housing Initiatives Partnership Program(SHIP)and is a recipient of funding for its affordable housing programs and activities;and WHEREAS, Monroe County, as a participant in SHIP, has developed and implements a local housing assistance plan (LHAP) created to increase the availability of affordable housing to very low, low and moderate income persons,essential services personnel,and those with special needs;and WHEREAS, SHIP funds may be used for households earning up to 150%of the median income in areas of critical state concern; and WHEREAS, recent rule changes in FAC 67-37.010, effective February 2008, mandate that all SHIP Program participants comply with Florida Statute Section 420.9076(2) requiring the establishment of an affordable housing advisory committee;and WHEREAS, F.A.C. Rule 67-37.010 states that the Monroe County LRAP be amended to include "local affordable housing incentive strategy recommendations" approved by the membership of the advisory committee;and WHEREAS, Florida Statutes require the Board of County Commissioners to approve an amended Local Housing Assistance Plan and transmit it to the Florida Housing Finance Committee(FHFC); and April 30, 2008 WHEREAS, if FHFC fails to receive timely the approved amended local housing assistance plan to incorporate the new strategies, a notice of termination of the county's share of the SHIP local housing distributions shall be sent by the FHFC to the county. The notice of termination must specify a date of termination of funding. If the county does not adopt the amended LHAP by that date, SHIP local housing distribution to the county will be terminated and any uncommitted local distribution funds held by the county in its local housing assistance trust fund shall be transferred to the Corporation to administer the local government housing program pursuant to F.S. 420.9072; WHEREAS, in June 2005, the Board of County Commissioners (BOCC) empanelled a Workforce Housing Taskforce to make recommendations to address critical housing affordability issues facing the Florida Keys;and WHEREAS, the make-up and responsibilities of the Taskforce parallel the requirements and duties mandated for the new Advisory Committee, and it is not necessary to have two such committees;and WHEREAS,the Workforce Housing Taskforce shall now be known as the Affordable Housing Advisory Committee and will be charged with the statutory role and responsibilities described herein, and its composition shall conform to the statutory requirements; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. A new Article XXVIII ,Section 2-700 through 2-703 is added as follows: See. 2-700.Establishment of Affordable Housing Advisory Committee a. The Affordable Housing Advisory Committee shall be established and operational by June 30, 2008. It shall comply with all requirements in F.S. 420,9076(2007)or as subsequently amended. b. The committee shall consist of I I members who shall be appointed by the BOCC by resolution. c. The committee must include: I. One citizen who is actively engaged in the residential bomebuilding industry in connection with affordable housing. 2. One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. 3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing, 4. Once citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. 5. One citizen who is actively engaged as a for-profit provider of affordable housing. 6. One citizen who is actively engaged as a not-for-profit provider of affordable housing, 7. One citizen who is actively engaged as a real estate professional in connection with affordable housing. 8. One citizen who actively serves on the local planning agency pursuant to s, 163.3174, 9. One citizen who resides within the jurisdiction of the local governing body making the appointments. April 30, 2008 10. One citizen who represents employers within the jurisdiction. 11. One citizen who represents essential services personnel, as defined in the local housing assistance plan; d. All meetings of the advisory committee are public meetings, and all committee records are public records. c. Staff,administrative,and facility support to the advisory committee shall be provided by the BOCC. The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. Sec. 2-701. Duties of the Affordable Housing Advisory Committee. (a) The affordable housing advisory committee, shall review established policies and procedures, ordinances, land development regulations, and the adopted local government comprehensive plan of the, appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of exiting policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local goverment comprehensive plan and corresponding regulations, ordinances and other policies. (b) By December 31, 2008, the Affordable Housing Advisory Committee is required to submit its incentive recommendations report to the BOCC. After this initial submission, the reports are required to be submitted triennially on December 31, of the year preceding the submission of the Local Housing Assistance Plan. At a minimum, the advisory committee shall submit a report to the local governing body that includes recommendations on, and evaluates the implementation of, affordable housing incentives in the following areas: 1. The processing of approvals of development orders or permits as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects; 2. The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing; I The allowance of flexibility in densities for affordable housing; 4. The reservation of infrastructure capacity for housing for very low income, low income and moderate income persons; 5. The allowance of affordable accessory residential units in residential zoning districts; 6. The reduction of parking and setback requirements for affordable housing; 7. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing, 8. The modification of street requirements for affordable housing; 9. The establishment of a process by which a local government considers, before adoptions,policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; 10. The preparation of a printed inventory of locally owned public lands suitable for affordable housing; April 30, 2008 I I. The support of development near transportation hubs and major employment centers and mixed-use developments-, 12. Other affordable housing incentives as recommended, (c)The advisory committee may perform additional responsibilities related to affordable housing at the request of the BOCC, including creating best management practices for the development of affordable housing in the community. See. 2-702. Public Hearing The approval of the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the members of the advisory committee taken at a public hearing. Notice of time, dates, and place of public hearing of the committee to adopt final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation, must contain a short summary of the incentives strategies recommendations to be considered by the committee, and must state the public place where a copy of the tentative recommendations can by obtained by interested,persons. See.2-703. Commission Action Required, (a)Within 90 days after the date of receipt of the local housing incentive strategies recommendations from the advisory committee, but no later than March 31, 2009, the BOCC shall adopt an amendment to its local housing assistance plan (LHAP) to incorporate the local housing incentive strategies it will implement within its jurisdiction. The BOCC must consider all of the strategies specified in Sec. 2-701(b) as recommended by the committee. However, the amendment at a minimum, must include: (1) Assurance that permits for affordable housing are expedited to a greater degree than other projects. ("Permits"are defined by statute to include development orders,building permit,zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land); (2) An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption;and (3)A schedule for implementing the incentive strategies (b) By May 2, 2009, the BOCC shall notify the Florida Housing Finance Corporation by certified mail of its adoption of the amended LHAP and include a copy of the approved amended plan. Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3.Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state or County law, rule, code or regulation, the more restrictive shall apply. April 30, 2008 Section 4. Inclusion in Code. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. Effective Date This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida at a regular meeting held on the 2L st day of W 200K Mayor Charles"Sonny"McCoy Yes Mayor Pro Tern.Mario DiGennaro Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner Dixie Spehar Yes BOARD OF CO COMMISSIONERS OF MONROE CO Lot, FLORIDA BY: Mayor Charles`Nonny'McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy CIcK C- MONROE COUNTY ATTORNEY APPRO)�KD AS 0 FORM: jLa-4� ' -161 SUSAN M. jM-$—L­E­y--7— ASSISTANT COUNTY ATTORNEY Dole C&aj�.z 41 April 30, 2008 11/22/13 MONROE COUNTY BOARD OR COMMITTEE: Affordable Housing Advisory Committee Sylvia Murphy Monroe County Commissioner 102050 Overseas Hwy, Suite 234 Key Largo, FL 33037 Work)453-8787 Appointed: 12/12/12 Term Expires: 11/2014 Tim Root DISTRICT 1 1410 Johnson Street Rep. Residential Home Building Industry Key West, FL 33040 Work) 293-0443 tim(aD,mingoandcollc.com Appointed: 5/15/13 (Replacing Sherry Phillips) Term Expires: 11/2016 Heather Roberts DISTRICT 1 iBeria Bank Mortgage Banking and Mortgage Industry 1000 Kennedy Drive Key West, FL 33040 Work) 296-0016 Cell) (305)879-1092 heather.roberts c(Diberiabankmortgage.com Appointed: 03/21/12 Reappointed: 01/16/13 Term Expires: 11/2016 James D. Cameron DISTRICT 2 1561 Narcissus Ave. Affordable Housing Advocate Big Pine Key, FL 33043 Home) 872-7237 Cell) 394-3316 JDCBPkey(cD,aol.com Appointed: 03/21/12 (Replacing Bruce Ferraro) Term Expires: 11/2014 Randy Wall DISTRICT 2 1208 Cactus Street Rep. the Local Planning Agency Key Largo, FL 33037 Home) 852-2767 Cell) (305)394-3268 Fax) 853-0479 nnwall(a-)bellsouth.net Appointed: 03/21/12 Term Expires: 11/2014 Warren Leamard DISTRICT 3 2300 Harris Avenue Not-for-profit Developer Key West, FL 33040 Cell) 923-1906 Jamhungryl aol.com Appointed: 4/18/12 Reappointed: 11/20/12 Term Expires: 11/2016 Ken Naylor DISTRICT 3 Carlisle Development Group For-profit Developer 2950 SW 27th Ave., Suite 200 Miami, FL 33133 Work) (305)357-4713 Fax) (305)476-1557 knaylor(ccarlisledevelopmentgroup.com Appointed: 03/18/09 Reappointed: 12/12/12 Term Expires: 11/2016 Ms. Morgan Hill DISTRICT 4 1400 79th St. Ocean Real Estate Professional Marathon, FL 33040 Work) 289-5940 Home) 743-8651 Cell) (305)731-8651 morganc21(aaol.com Reappointed: 03/18/09, 03/21/12 Term Expires: 11/2014 Ed Swift III DISTRICT 4 201 Front Street, Suite 224 Residing within County Jurisdiction Key West, FL 33040 Work) 294-4142 Cell) 304-2798 Fax) 292-8902 hcasas(a historictours.com Appointed: 03/18/09, 03/21/12 Term Expires: 11/2014 William Wiatt DISTRICT 4 100 W. Conch Ave. Mayoral Appt. Planning Commission Rep. Marathon, FL 33050 Home) 743-3684 Cell) 394-7778 BWiatt(a)gmail.com Appointed: 03/21/12 Term Expires: 11/2014 Jerry Gaddis DISTRICT 5 P.O.Box 372563 Rep. Employers within Jurisdiction Key Largo, FL 33037 Home) 451-4829 Jerry(dtropicaltax.com Reappointed: 03/21/12, 11/20/12 Term Expires: 11/2016 Ron Miller DISTRICT 5 206 W. 1st Court Rep. Essential Services Personnel Key Largo, FL 33037 Home) 453-3839 ronlmiII01(a aol.com Reppointed: 03/21/12, 11/20/12 Term Expires: 11/2016 Created: 05/21/08, Ordinance No. 014-2008, Committee shall consist of 11 members appointed by a resolution to be adopted by the BOCC. Florida Statute 420.9076, Membership: 06/18/08, Resolution No. 158-2008., Each Commissioner nominates 1 member; Non-district members are nominated by Committee membership and approved by the BOCC. 02/18/09, Resolution No. 062-2009, BOCC approved retiring current membership, changing method of appointment, spreading required categories of membership through the Commission districts and setting a minimum frequency of meetings to once per year from previous quarterly meeting schedule, unless called more frequently by the BOCC. Terms: 4 years to coincide with appointing Commissioner's term.